Substitute Labor

pront

New Member
Hi all,

A person in our company left. He had EB3 with PD in 2002, and his I140 has been approved. But he haven't filed 485 yet due to PD.

I have LC approved with PD in 2005, also the lawyer just filed my I140. I wonder whether I could use his LC as substitute when I file 485?

Thanks so much!
 
pront said:
Hi all,

A person in our company left. He had EB3 with PD in 2002, and his I140 has been approved. But he haven't filed 485 yet due to PD.

I have LC approved with PD in 2005, also the lawyer just filed my I140. I wonder whether I could use his LC as substitute when I file 485?

Thanks so much!

you need to file i140 again for that labor provided your skill match that labor job role and duties. you cannot just substitute that labor when filing i485.

you will be in trouble if the other person files his/her i485 based on that labor as he/she is the original beneficiary. so caution. check with lawyer and your employer. get in writing from your employer.
 
Thanks so much for your info. I will talk with the emploer and lawyer about this issue. Hope it would work!
 
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